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NY K80334




November 3, 2003

CLA-2-64:RR:NC:SP:247 K80334

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.11.90

Mr. Gerald Williams
Harry F. Long, Inc.
P.O. Box 905
631 North Central Ave.
Wood Dale, IL 60191

RE: The tariff classification of footwear from China

Dear Mr. Williams:

In your letter dated October 15, 2003, on behalf of Dash America Inc. you requested a tariff classification ruling.

You have submitted two pairs of men’s shoes for classification.

Style #5108, identified as the men’s “Element Running Shoe,” is an athletic-type shoe that does not cover the wearer’s ankle. The shoe has a predominately textile mesh fabric upper, a padded textile tongue, a lace closure with plastic eyelets and a cemented-on molded rubber/plastic midsole and a rubber/plastic outer sole. In a follow-up fax you indicated that this shoe will be valued at over $12 per pair.

The applicable subheading for the “Element Running Shoe” Style #5108, will be 6404.11.90, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the upper’s external surface is predominately textile materials (excluding accessories and reinforcements); in which the outer sole’s external surface is predominately rubber and/or plastics; which is “athletic footwear”; and which is valued over $12.00 per pair. The duty rate will be 20 % ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the “Vapor Road Cycling Shoe” Style #5015. Your request for a classification ruling should include an accurate external surface area measurement as a percentage total of all the rubber/plastics, leather and textile materials that are present on and account for the surface of the upper of this men’s cycling shoe. The fact that your submission states that the upper is “51% split leather and 49% woven mesh material” is neither accurate nor acceptable. When the corrected information is available, you may wish to consider resubmission of your request for this shoe. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Richard Foley at 646-733-3042.

Sincerely,

Robert B. Swierupski
Director,

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